Re: [mpisgmedia] PA-CCS power, Jansunwayi water (& RTI privatization?)

--- sarbajit roy <sroy1947@xxxxxxxxx> wrote:

> I am looking at dvb privatisation in an entirely new
> way in context of dmp2021 and industries engagement.

:) thanks.

> Re: peoples action + ccs - its good to see that all
> these colluders - DERC - BSES - RWAs have openly
> exposed themselves as being hand in glove.

;) now i am looking in context of RTI!

-----

2 former justices and 1 former ambassador and 1 former
Secretary to GoI and Arundhati Roy put in special
appearance in latest episode of 3-month old soap
starring Aruna Roy and A Kejirwal (believed to have
quit the IRS, but admitted in Court that he was on
extraordinary leave after opposite counsel corned his
friend and counsel Prashant Bhushan earlier this
year). They have decided (ex-parte, as GNCTD did not
appear) to push for:
(1) revocation of GNCTD-WorldBank "faulty plan" (with
"civil disobedience movement")
(2) their own plan (which they will present again to
Planning Commission on 19.10.05)
http://www.hindu.com/2005/10/18/stories/2005101809710400.htm

The story so far is summarised at end of this post.
These are their original demands, become in 3 short
months ubiquitous, even though the second has nothing
to do with us and may well vitiate the first. The
alternative consultative process claim is same as in
the million$ National Biodiversity Strategy and Action
Plan now officially rejected after occupying crucial
WTO round years. As in NBSAP, the impression is of
some technical/scientific disagreement, even as
alternative claims only to be consultative, with only
vague references to anonymous *experts* chosen more
irregularly than is alleged for the GNCTD-WBank fault.
The following are striking:

(1) On 19.10.05 they will make second presentation to
Planning Commission with added weight of favourable
verdict by former Justices at Jansunvayi. On 19.10.05
are listed in High Court two cases in which the water
issue is central (metroPD including in riverbed and
illegal projects in and around J-Zone including
ridge). These do not pray for directions to PC to hear
me (planning expert also by PC's reckoning in the
past) on my plan (DMP). Shall I amend the prayers? I
see no point in writing techno-legalese in context of
court matters to PC since members seem friends of
Aruna Roy (and since similar writing cut no ice with
CEC that lent itself to Shekhar Singh to overtake High
Court for Aravali Biodiversity Park).

(2) In the High Court matters GNCTD has not replied
(to, in effect, questions raised since 2001 about, in
effect, validity of its alternative plan). Kejriwal
has opined that its failure to appear in durbar
presided over by former Justices "proves that they
have no respect for people's rights". I opine that
appearance would have displayed disrespect for sitting
Justices and no respect for our rights, as we do not
have a right to have it summoned to sundry sunvayis.
Disrespect for our rights is displayed by GNCTD
illegalities and favouritism policy of bhagidaari. It
was displayed also when CM expressed patently
undemocratic willingness to listen to only NGOs *of
repute* about DJB and Aruna Roy & Co went over to make
inexpert presentation and suggest more bhagidaari.

(3) This 3-month old affair was catapulted by a
purported RTI *success*. By the claimants' own claim
GNCTD has not disclosed enough on its website and the
4000 "secret documents" that Kejrival obtained via RTI
to present to Aruna Roy to reveal have also not been
revealed in any truly public manner; World Bank has
rebutted the specific allegations made on their basis;
and general inferences being drawn from them reveal
nothing new. The *success* seems limited to
empowering Aruna Roy & Co, lending credence to
apprehensions about Act abuse and to reservations
about the lady who seems not to have noticed that her
RTI is now our Act and grace requires her to let go.

(4) At the Jansunvayi reportedly "Speakers pointed out
that what was needed was not foreign consultants and
companies but to make the water utility more efficient
and accountable to the people". These are not mutually
exclusive and if domestic experts and government are
driven to atrophy then foreign consultants and
companies become efficiency and accountability
imperatives. That is what this
alternative-consultative-process lot seems to be doing
and GATS at least seems poised to pass as a result
largely of their untiring efforts to obfuscate
competent and consultative.

------story so far---

[The following is from (note for further information
accompanying) my s.4(1)c request re NBSAP. I am using
RTI to make requests to authorities to receive
information (for rectification) of omissions under
s.4(1)c. (I have not spotted anything in the Act that
prevents this and I do see in what Aruna Roy & Co are
showing serious possibility of s.6 being a waste of
time for others)]

A national land and water use plan is ostensibly a key
recommendation of NBSAP. In Delhi the ridge and
riverbed, Biodiversity areas, have historically guided
holistic land and water use planning, with Delhi
Master Plan and CGWA notifications now providing legal
basis. This is being eroded by the view of river in
terms of pollution and ridge in terms of forest and,
on the other hand, delinking of utilities from Delhi
Development Act regime (notably by converting power
and water utilities to Boards for shoddy
privatisation). A striking consequence is illegal land
and ground water use in ridge and riverbed, usually at
instance of Delhi Government (which does not bother to
file replies on these even on court orders). The water
crisis is a symptom of this malaise, headed to
environmental catastrophe due to ground water mining.
The Biodiversity Act that makes it a duty u/s.36(3) to
"integrate the conservation, promotion and sustainable
use of biological diversity into relevant sectoral or
cross-sectoral plans", besides their own key
recommendation, required NBSAP partners to support
Master Plan and CGWA regimes. Instead, some picked
Master Plan 2021 Public Notice period to divert
attention from the move to transfer ground water
control to DJB and focus it on some alleged
interference by World Bank in appointing Price
Waterhouse Coopers consultant for road-mapping DJB
restructuring (in which ground water control by DJB is
obviously central).

In July 2005 newspapers started reporting, nearly
exclusively, the views on Delhi water and sewage
project of the NGO Parivartan, identified with RTI and
one Arvind Kejriwal (IRS officer on extraordinary
leave) and named in KV campaign about Biodiversity
Rules in 2004. Parivartan demanded abandoning of World
Bank plan in favour of some consultative process.
Apart from generalities about benefit to MNCs, higher
tariffs, etc, it alleged that inspection of DJB
records under RTI indicated PwC had been hired as
consultant under Bank pressure. On 29 July (when it
was also reported that DJB had sent the PwC report to
Planning Commission) the Hindu reported revelation, by
Aruna Roy "who has been the big force behind the Right
to Information movement", of the 4,000-odd pages of
"secret documents" obtained through RTI. On 30 July
newspapers reported World Bank clarification: "The
original shortlist included firms only from developed
country, this is why the bank asked that a firm from a
developing country be included. In response, DJB
included PwC India. When financial bids of the firms
were publicly opened, PwC won on the combined score of
a cheaper financial offer". The Hindu reported on 01
August Parivartan demand that the Bank place all its
correspondence on the subject in public domain. On 26
August was reported the Bank's rebuttal that also
advised Parivartan to make its complaint directly to
Washington and reiterated that the Bank, bound by its
Disclosure Policy, will fully concur with any
disclosure decided upon by Delhi Government under RTI
Act.

Meanwhile, the Hindu had reported on 02 August that
"the matter has now reached Congress president Sonia
Gandhi who is understood to have sought details on the
issue" and in detail the criticism, based almost
entirely on revelations by Roy, Kejriwal, etc, by
Delhi BJP on 04 August and by CPI on 14 August. On 17
August news reports of DJB presentation to Planning
Commission quoted CM saying: "The Commission has asked
us to make the entire procedure ...more transparent.
We have decided to post everything... on the
government's website" and "if there is any NGO or any
organisation of repute with any queries, we will
answer them". On 24 August was reported a two hour
meeting between Roy, Kejriwal, etc, and CM, Chief
Secretary, etc. CM was quoted saying, "They made their
presentation and we assured them that we won't rush
into any agreement... We also asked them about
suggestions and solutions for water management ... to
suggest a panel of experts...since they said they were
not water experts". Aruna Roy was quoted saying: "We
asked the government to find solutions through
Bhagidari, hold meetings in different zones and invite
technical groups before formulating the water policy
in Delhi", etc. The group was to make a similar
presentation to LG the next day.

On 23 September was reported the tabling of Delhi
Water Board (Amendment) Bill, 2005 (to transfer
control of groundwater to DJB) that was referred to a
Committee in face of opposition - on account merely of
the proposals for charges for tube-wells and with no
connection being made to the privatisation predicated
upon DJB being able to mine ground water to facilitate
the private players. Also on 23 September, the Hindu
carried a news item titled "Mystery surrounding 24x7
scheme deepens" about presentation by Roy, Kejriwal,
etc, made now at Planning Commission to "Four
members... and several officials from the Water
Department", none of whom, according to the release by
Roy, etc, had any knowledge of the Commission having
received any reference from DJB. The "success" with
which the water discourse in Delhi was subsumed in a
single position, that of Roy, Kejriwal, etc, was
evidenced by the letter of 23 September to PM from
left parties that reiterated it, along with its
original demands for abandoning the Bank proposal
(which Delhi Government claimed within the week to
have put on hold at least) and for a consultative
process, while making no reference to the Bill, ground
water, Master Plan, DDA, etc.

RWAs, besides IIT / IIM professors, etc, have also
been reiterating the same highly publicized position.
Power privatisation discontent seems to have been
directed against not water privatisation but World
Bank / PwC with reliance not on robust regimes being
dismantled (even as Public Notice hearings for Master
Plan 2021 began on 03 October) but on RTI Act. The
facts are that the purported expose by RTI of
irregularities in PwC contract has come to naught,
and, despite high-level follow-up by Aruna Roy herself
on other points arising from 4000 pages procured by
RTI (and well known in general even without them),
disclosure promised by CM has not come about and even
information of reference to Planning Commission and
loan application withdrawal is not known for a fact.
Yet Aruna Roy and Shekhar Singh (who is also national
convener of of RTI campaign) have, on the same day
that KV/TPCG issued their response to MoEF Press Note,
urged all to observe Demand-Information-Week during
13-20 October and the 3-month old group on water in
Delhi has urged CM to depute senior officials to
attend on 17 October its "Jansunvai" at which its
panel of retired Justices and others will "pass its
verdict" on the "controversial reforms". For some the
Right to know extends to Right to tell - in NBSAP
style consultative process, likely to be facilitated
if the rest of us occupy ourselves with using RTI to
spam the system (likely to be facilitated by the
persuasive group mails with Act and Form-A that have
already begun).












__________________________________
Yahoo! Music Unlimited
Access over 1 million songs. Try it free.
http://music.yahoo.com/unlimited/

Folow-ups
  • Re: [mpisgmedia] PA-CCS power, Jansunwayi water (& RTI privatization?)
    • From: sarbajit roy
  • Re: [mpisgmedia] PA-CCS power, Jansunwayi water (& RTI privatization?)
    • From: sarbajit roy
  • Replies
    Re: [mpisgmedia] PA-CCS "Delhi Power: From Privatisation to Competition", sarbajit roy
    Partial thread listing: